Tinnitus (ringing in the ears) decisions — 2015

The Veteran's appeal of the denial of service connection for a left elbow disability has been dismissed. The Board has also granted service connection for tinnitus.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been granted. The claim for cervical spine disability is pending, as a VA examination is needed to determine if the current condition is related to service. The claim for erectile dysfunction (ED) remains pending due to insufficient evidence regarding its relationship with the service-connected low back disability.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss disability and tinnitus, finding that there was no evidence of a current disability or in-service incurrence or aggravation.

The Board has granted service connection for hypertension and tinnitus on a presumptive basis, as they were manifest within one year of separation from service. Service connection is denied for migraine headaches, chronic fatigue syndrome, and vertigo due to lack of current disability.

The Board has determined that additional evidence is needed to decide the Veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus. A new medical opinion will be obtained from a VA audiologist or similarly qualified examiner regarding the etiology of the Veteran's diagnosed bilateral hearing loss and tinnitus.

The Veteran's tinnitus is as likely as not incurred in service, and the claim for service connection is granted.

The Veteran's service-connected disabilities, including a bilateral hearing disability, PTSD, right gluteal muscle injury due to shrapnel, and tinnitus, prevent him from obtaining or maintaining substantially gainful employment. The Board finds that the criteria for TDIU have been met.

The Veteran's claims for increased PTSD rating, service connection for bilateral hearing loss and tinnitus, as well as his TDIU claim are being remanded due to the submission of new evidence. The RO must provide a supplemental statement of the case with consideration of this new evidence.

The Veteran's bilateral knee condition is not service connected as it was not incurred or aggravated during active duty, ACDUTRA, or INACDUTRA. The claims for hearing loss disability and tinnitus are remanded due to insufficient evidence on record.

The Board denied the Veteran's claims for reopening his tinnitus claim and for an initial compensable evaluation for non-Hodgkin's lymphoma. The Veteran was not provided a new and material basis to reopen his tinnitus claim, as the evidence did not relate to an unestablished fact necessary to substantiate the claim. His non-Hodgkin's lymphoma is in remission with no current active disease or treatment phase.

The Board denied service connection for left ear hearing loss and tinnitus, finding that the Veteran's pre-existing conditions did not increase in severity during service.

The Board found that the Veteran's tinnitus did not have a direct link to his military service, as there was no evidence of in-service noise exposure and inconsistent reports of symptom onset. The VA examiner concluded that the current tinnitus is less likely due to military noise exposure.

The Board has determined that new and material evidence was received to reopen the claims for service connection of bilateral hearing loss and tinnitus. It is found that these conditions are attributable to service, specifically noise exposure during military service in Vietnam.

The Board has granted a rating of 70 percent for the Veteran's service-connected PTSD, effective from the date of the decision. The claims for bilateral hearing loss and tinnitus have been reopened.

The Veteran has been granted service connection for PTSD, residuals of shell fragment wounds to the chest, and recurrent tinnitus as these conditions are presumed related to his active service due to combat involvement.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated during active duty service, nor may they be presumed to have been incurred therein. Therefore, service connection for these conditions is denied.

The Veteran's TDIU claim was granted effective May 1, 1997 due to the combined rating of his service-connected disabilities meeting the minimum criteria for entitlement to benefits. The DEA claim was granted effective May 5, 1994, when he first demonstrated a permanent and total disability.,The Veteran's unemployability is based on his service-connected lumbar, cervical, thoracic spine, bilateral joint degenerative arthritis, right elbow contracture with ulnar nerve compression symptoms, and multiple joint chondromalacia. The VA examinations and private rehabilitation counselors' statements support the conclusion that he cannot secure or follow a substantially gainful occupation due to these disabilities.

The Board found that the Veteran's current neck, shoulder, and elbow pain is not related to service. The preponderance of evidence is against his claim for service connection.

The Board found that the Veteran's bilateral hearing loss and tinnitus were not related to his active duty service, and thus denied both claims.

The Veteran's service-connected disabilities, including PTSD, asthma, left shoulder disorder, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for TDIU are met.